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GIMBEL BROS., INC. v. MARKETTE CORPORATION

Nos. 13940, 13941.

307 F.2d 91 (1962)

GIMBEL BROS., INC., v. MARKETTE CORPORATION and Don Tesauro, Appellants.

United States Court of Appeals Third Circuit.

Decided July 13, 1962.

Attorney(s) appearing for the Case

Jacob Kalish, Philadelphia, Pa. (Dilworth, Paxson, Kalish, Kohn & Dilks, Philadelphia, Pa., on the brief), for appellant, Markette Corporation.

S. Robert Levant, Philadelphia, Pa. (Murray H. Shusterman, Philadelphia, Pa., on the brief), for appellant, Don Tesauro.

Charles M. Solomon, Philadelphia, Pa. (Franklin A. Wurman, Philadelphia, Pa., Fox, Rothschild, O'Brien & Frankel, Philadelphia, Pa., on the brief), for appellee.

Before McLAUGHLIN, STALEY and HASTIE, Circuit Judges.

McLAUGHLIN, Circuit Judge.

Appellee was awarded a jury verdict for the agreed amount of the cost of restoring what the jury had found was a party wall straddling the property of the appellee and appellant, Markette Corporation. Appellant Tesauro was the contractor who had restored the wall. He had counterclaimed for the full amount of the repairs and for penalties incurred due to his late performance of his demolition of the wall contract with Markette. He received...

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